New trial date set in 2005 fatal robbery attempt

Wednesday

A new trial date has been set in Oneida County Court for a 2005 murder suspect who is awaiting treatment for a brain tumor.

UTICA - A new trial date has been set in Oneida County Court for a 2005 murder suspect who is awaiting treatment for a brain tumor.

Court proceedings have been repeatedly postponed in the months since Brad Napierkoswki, 27, was charged more than a year ago with shooting Junior Mercurius on July 17, 2005, during a botched robbery attempt at 1108 Taylor Ave. in Utica.

Although Napierkowski has yet to be evaluated by a neurosurgeon for a brain tumor, Judge Barry M. Donalty Tuesday set a tentative trial date of April 21. Napierkowski is charged with second-degree murder and attempted first-degree robbery.

Napierkowski's defense attorney, Rebecca Wittman, is due back in court Feb. 26 to update Donalty on her client's condition.

This is the third trial date Donalty has set for Napierkowski.

Napierkowski was first due to face trial in April 2007, but a breakdown in communication between Napierkowski and his previous attorney, Rick Mauro, delayed that proceeding.

After Wittman was assigned to the case, Donalty then set a second trial date for last September. But the discovery of Napierkowski's tumor sparked a series of delays ever since.

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